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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Montanez v. Bagg, 24 Mass. App. Ct. 954 (1987)

Citation
Montanez v. Bagg, 24 Mass. App. Ct. 954 (1987)
Parent Document
Montanez v. Bagg, 24 Mass. App. Ct. 954 (1987)
Jurisdiction
Massachusetts (state)
Effective Date
1987-07-17

Full Text

1,689 chars
The plaintiffs brought an action in the Housing Court for Hampden County against the defendant, their landlord, seeking to recover damages and attorney’s fees for: (1) interference with quiet enjoyment and other violations of G. L. c. 186, § 14; (2) breach of the implied warranty of habitability; and (3) violations of G. L. c. 93A, § 2(a). The first two claims were heard and decided by a jury. The jury found for the plaintiffs on each of the claims and awarded actual damages of $982.50. A judge of the Housing Court decided the G. L. c. 93A claim. See Nei v. Burley, 388 Mass. 307, 311-315 (1983). The judge, in a written memorandum, “adopt[edj the findings of the jury. . . as to actual damages and [found] that conditions existed at the time of the inception of the tenancy which were in violation of the State Sanitary Code and of which the defendant was chargeable with notice . . . .” The judge further found that the defendant’s conduct in renting a substandard apartment violated G. L. c. 93A, § 2(a). He concluded, however, that the defendant’s conduct “was not a willful or knowing violation” of G. L. c. 93A but was “due to a misunderstanding as to the requirements] of the State Sanitary Code . . . .” Accordingly, the judge refused to multiply damages under the provision of G. L. c. 93A, § 9(3), inserted by St. 1986, c. 690, which authorizes recovery of “up to three but not less than two times [actual damages] if the court finds that [the unfair or deceptive act or practice] was a willful or knowing violation of . . . section two . . . .” The plaintiffs have appealed from the portion of the judgment which awards only single damages for the G. L. c. 93A violation.2